Lawsuit Challenges Gay Adoption, Foster Parenting Ban
Last updated Tuesday, December 30, 2008 6:37 PM CST in News
By Rob Moritz
THE MORNING NEWS
LITTLE ROCK -- Opponents of a new state law banning unmarried couples living together from adopting or serving as foster parents filed a lawsuit Tuesday asking a judge to strike down the measure.
The lawsuit filed in Pulaski County Circuit Court argues the law violates federal and state constitutional rights to equal treatment and due process.
Twenty-nine adults and children are plaintiffs in the lawsuit challenging Initiated Act 1, which Arkansas voters overwhelmingly approved in the November general election and goes into effect Thursday.
"We are good parents and more than capable of deciding who we should trust to care for our children, without the state's assistance," Act 1 opponent Meredith Scroggin of Little Rock said during a news conference at the state Capitol.
Scroggin said she and her husband, Benny, had designated in their will the custody and adoption rights of their two children to her cousin, who is gay and has a live-in partner.
"It is our parental right to decide what is in the best interest of our children and Act 1 infringes upon this right," Meredith Scroggin said.
Marie-Bernarde Miller of Little Rock, an attorney representing the Arkansas chapter of the American Civil Liberties Union, said Act 1 is a "blanket exclusion of a whole class of potentially qualified foster and adoptive parents, both gay and heterosexual ... including even those who are kin to the children."
"Act 1 violates the state's legal duty to place the best interest of children before all else," Miller said. "It disregards the best interest of children and prevents the placement in willing, eligible and loving foster or adoption homes."
The lawsuit names as defendants the state, Attorney General Dustin McDaniel, the state Department of Human Services and its director, and the Child Welfare Agency Review Board and its chairman.
The lawsuit was assigned to Circuit Judge Timothy Fox, who in 2004 struck down a state regulation that banned gays from the state foster care program. In that case, Fox ruled the state Child Welfare Agency Review Board overstepped authority granted by the Legislature in considering morality among criteria for prospective foster parents.
The state Supreme Court affirmed the ruling.
Jerry Cox, the director of the conservative Family Council, which spearheaded a drive to put the initiated act on the November ballot, said the group expected a lawsuit.
"That's why we took extreme care in crafting the language in such a way that it could stand up against any legal challenge," Cox said.
While the group made no secret its primary goal was to block gay couples from adopting or fostering children, Cox said the law will affect heterosexuals and homosexuals equally.
"We are confident this lawsuit will fail and Act 1 will remain on the books," Cox said, adding his organization will seek court permission to intervene in the case.
The Family Council collected nearly 97,000 signatures, well above the 61,794 required, to place the proposed initiated act on the ballot. The drive began after the high court decision.
Rita Sklar, the director of the Arkansas ACLU, said people from across the state began expressing their concern about the new law after it was approved by voters. Some said they misunderstood what they were voting on, she said.
Stephanie Huffman of Conway said she and her live-in lesbian partner, Wendy Rickman, have already adopted one child and want to adopt another but can't because Act 1.
"It's wrong," Huffman said at Tuesday's news conference. "It's an injustice."
The lawsuit argues Act 1 disregards the best interests of children, keeps children in state custody at additional and unnecessary costs to taxpayers, burdens private, consensual acts of sexual intimacy between adults with no corresponding benefit to children and discriminates against a group of adults willing to serve as foster or adoptive parents.
"The purpose of the ballot initiative was made clear by sponsors," the lawsuit said, noting a flyer circulated the Family Council before the Nov. 4 election. "Act 1 was conceived, drafted and sponsored as part of a long-running campaign to 'ban homosexual couples from adopting children or serving as foster parents.'"
Reader Comments (87 comment(s))
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ozarks wrote on Dec 30, 2008 8:49 PM:
rebel4life wrote on Dec 31, 2008 7:21 AM:
sempermama wrote on Dec 31, 2008 7:53 AM:
tk wrote on Dec 31, 2008 9:42 AM:
Regardless, I agree with Ms. Scoggins that it is a parent's right to choose who takes care of their children if the unthinkable happens. So what if small minded people think that a gay relative or a single grandma is less fit to raise your children than a couple of strangers. A parent usually knows what is best for their child.
The ban should be overturned. "
ahuntsi wrote on Dec 31, 2008 9:44 AM:
alteregolxix wrote on Dec 31, 2008 10:55 AM:
spencer wrote on Dec 31, 2008 11:48 AM:
TheLittleGuy wrote on Dec 31, 2008 1:40 PM:
ozarks wrote on Dec 31, 2008 1:45 PM:
cal24 wrote on Dec 31, 2008 6:17 PM:
ozarks wrote on Jan 1, 2009 10:19 AM:
scout65708 wrote on Jan 1, 2009 12:33 PM:
sodapop wrote on Jan 1, 2009 1:55 PM:
spencer wrote on Jan 1, 2009 4:42 PM:
Could you give examples of the way you believe homosexuals would raise their children in comparison to the ways that heterosexuals would raise them?
Do you know anyone who was raised in a 'homosexual life style'?
Just curious why you feel this way. "
TheLittleGuy wrote on Jan 1, 2009 5:42 PM:
I would think that most who oppose "homosexual lifestyles" have no doubts that some homosexuals most certainly bring good parenting skills to the table, just as some heterosexuals do. But I would also think that it's really more about their choice of lifestyle, and those who believe the same as I do choose not to support men with men and women with women.
As a believer in Christ, I feel commanded not to hate homosexuals, but rather, I feel commanded to love them. But loving them doesn't mean that I have to support their choices, nor do I have to subject my children to their lifestyle. "
masonstorm1958 wrote on Jan 2, 2009 12:05 AM:
91151 wrote on Jan 2, 2009 8:26 AM:
TheLittleGuy wrote on Jan 2, 2009 9:41 AM:
Even if science proves there is something chemical about sexual preference, I will still believe homosexuality is wrong. I can accept science as a reason behind why we do the things we do. I can do that as an educated, logical human being. But as a believer, I can also choose not to support what I consider to be a sinful lifestyle.
I have acquaintances who drink, who gamble, who are habitual liars- all things that have been argued in the past to possibly be caused by chemical reasons in our brains, heredity, etc- but I don't have to support their choices. I only have to love them.
Tell me- and this is where I'm ADMITTEDLY ignorant- are there other mainstream religions (Buddhism, Islam, etc) that promote homosexuality? Christianity says it's wrong, plain and simple. I choose to believe this because I have faith in my God and what He says. See, the reason we have faith in anything is because it's tried and tested, and proven to be solid and reliable.
cont'd... "
TheLittleGuy wrote on Jan 2, 2009 9:42 AM:
True believers know exactly what I am saying, and nonbelievers would fare well to relax a little, stop trying to be so politically correct, drop their cynicism, let their guard down and trust in something. Knowlege is great, but the rate that our culture pursues it is alarming. Instead of rushing and rushing for the next bit of knowledge, how about just waiting on God? There's a novel idea.
My point is this, I choose to believe in a God that is tried and true, and therefore I believe His teachings. So come what may with science- I'll still belive homosexuality is a sin, and will forever choose not support it's effect on our culture, and most importantly, my children. I'll vote against any measure that supports it, and can still love my fellow human beings at the same time.
cont'd... "
TheLittleGuy wrote on Jan 2, 2009 9:43 AM:
Alright, fire your arrows. "
TheLittleGuy wrote on Jan 2, 2009 9:45 AM:
scout65708 wrote on Jan 2, 2009 10:07 AM:
BCR wrote on Jan 2, 2009 10:16 AM:
sodapop wrote on Jan 2, 2009 10:36 AM:
spencer wrote on Jan 2, 2009 10:37 AM:
It's also about families who want THEIR kids raised by relatives that they know and have grown up with should something happen to them. They prefer this to having their kids raised by strangers or in group homes.
You people are VERY SELFISH.
Every kid may not belong with a 'cohabitating family' and they shouldn't have to be placed there. But in situations where they do belong, they should be able to.
And to the poster who didn't vote for Obama: If Obama becoming president takes away your CONSTITUTIONAL rights, by all means, sue. "
TheLittleGuy wrote on Jan 2, 2009 10:55 AM:
See, we can't control what others do, nor can we help what happened to the children in those facilities (Did you notice the PAST tense of the word happen?). The only thing we can do is control ourselves, and I choose to take a stand in my beliefs.
I also do that knowing full well that I may not be here tomorrow, possibly leaving my children in the same state as some of the others. But I still choose to believe that God will take care of them rather than me taking passive routes that may place them in the homes of homosexuals.
I don't think it's selfish to take measures to protect my family, nor do I think it's selfish to take measures to reverse the downward spiral our culture has taken. This "sue happy" and utterly WHINY society in which we live is ridiculous to say the least. Let's all whine and complain when we don't get what we want. Sounds to me that is the selfish state of mind. "
spencer wrote on Jan 2, 2009 11:22 AM:
I don't believe you are being selfish for protecting your children. You have that right. However, this law takes away that right from others who want to do the same thing. "
BCR wrote on Jan 2, 2009 11:48 AM:
TheLittleGuy wrote on Jan 2, 2009 11:50 AM:
However, I'm willing to vote against measures like this because I view the increasing normalcy of homosexuality in our culture as the greater evil. So, I take my stand. It's all I can do. Can't control what they do, but I can control myself and make a good example for my children and other around me who take the time to understand.
In my opinion, acts like this are only one way that homosexuals try to "slip in" anchor points in our society in an effort to promote their ways. If I can do my part to stop even a portion of the notion of homosexuality as being normal, then I've done my best.
You see, Christ doesn't tell us to judge (as masonstorm1958 suggested earlier), but he does tell us to go and make disciples for Him, to teach his good works and promote walking in life as He did (or as closely as we can, as we are all full of sin). So, here I am, doing my best to make good decisions for Him. "
swampman wrote on Jan 2, 2009 12:38 PM:
91151 wrote on Jan 2, 2009 12:47 PM:
moonglow wrote on Jan 2, 2009 1:30 PM:
91151 wrote on Jan 2, 2009 1:49 PM:
TheLittleGuy wrote on Jan 2, 2009 1:57 PM:
None of us that are for the act and against the homosexual lifestyle are calling names or getting personal. Tossing around words like "moral compasses" accusing us of not being Christ like, accusing us of telling us we shouldn't put people in our "little box" tells me you're a little irritated over the conversation. It was bound to happen at some point.
Here's the deal though. When you say things like "This law is a way to try and show Gays that they not GOD can punish what they see as wrong and that should say it all.", I read that as in you do think we have a God, and that He will be a judge for our sins. My question to you is, in believing that, do you not also believe that God views homosexuality as a sin?
Also, keep in mind, that I've already stated that the tragedy here is that the act encompasses more than one group. And before you start thinking too much about me, I'm a single dad with a 3 year old. My only sibling is also single, and my grandmother is a widow. I only have my parents at this point who are married, so if one of them passes in the next few years, I'd be in the same boat should I not wake up the next day. "
hannah wrote on Jan 2, 2009 3:46 PM:
MARK 10:1-12
Divorce is strictly forbidden in both Testaments, as is remarriage of anyone who has been divorced.
LEVITICUS 18:19
The Bible forbids a married couple from having sexual intercourse during a woman's period. If they disobey, both shall be executed.
MARK 12:18-27
If a man dies childless, his widow is ordered by biblical law to have intercourse with each of his brothers in turn until she bears her deceased husband a male heir.
DEUTERONOMY 22:13-21
If it is discovered that a bride is not a virgin, the Bible demands that she be executed by stoning immediately.
This law does nothing but hurt children who deserve to be wanted. Good grief. "
sodapop wrote on Jan 2, 2009 5:14 PM:
TheLittleGuy wrote on Jan 2, 2009 10:27 PM:
C'mon. Really? Someone ALWAYS has to try that argument at some point. Guess it's as good of a time as any.
Ok, one more rant then I'm off to bed. No one can ever agree on these blogs anyway. I never spouted out-of-context bible verses in my posts, nor did I call anyone names or said anyone was foolish for their opinions and beliefs. So anyone who is searching for a way to bash me needs to look elsewhere.
We could let this get fully religious very easily, because religion is a subject about which folks just love to argue. We could talk about how all of Hannah's examples came from the OLD Testament, and even the verses from Mark (The NEW Testament) were referring to the laws of Moses (from the OLD again) and how all of those teachings took place PRIOR to Christ's crucifixion and His promise of forgiveness and salvation. Oh, homosexuality was the OLD Testament, wasn't it you say? So forget it like the others? Well the New Testament goes on to teach against sexual immorality as well, so I guess we better pay some attention to it.
cont'd... "
TheLittleGuy wrote on Jan 2, 2009 10:29 PM:
I stand behind what I've said, and thank those of you who came forward to admit that you agree (Whoknows- I saw you sneaking in- thanks!). It's sad that more believers won't take a stand. Some of you are fooling yourselves if you think believers don't feel like a minority sometimes.
I may be brash sometimes, vocal and opinionated, but I also try to be educated and logical in my arguments. I'm not above learning, but I'm not going to abandon my beliefs brought by a God who has proven Himself to me.
This act is unfortunate in that it lumps too many groups together, causing some to suffer for others, and in the end, lots of children will feel the effect. I'm sad because of it, and will continue to pray for any affected by it.
By the way, did anyone even notice that I use the term "believer"? Christians get a bad rap these days, mostly because of their own doing- some of them even have a nasty tendency to use verses out of context :-). Just remember though, we're not all members of the Westboro Baptist Church. "
sodapop wrote on Jan 3, 2009 5:42 PM:
91151 wrote on Jan 3, 2009 7:05 PM:
sodapop wrote on Jan 3, 2009 8:28 PM:
hannah wrote on Jan 3, 2009 8:38 PM:
It doesn't matter if people believe that homosexuality "goes against GOD and his creation." That "God made us, he destroyed Sodom and [Gomorrah] for homosexuality."
It doesn't matter why some choose to "view the increasing normalcy of homosexuality in our culture as the greater evil."
What does matter is that our founding fathers had the foresight to create a constitution (and amended as necessary) to keep laws like this from being enacted.
It doesn't matter if anyone thinks that those who are behind this lawsuit are "sue happy". Our fathers thought of the importance of guaranteeing that right as well.
What does matter is that there are kids that need and deserve help and there are people who are willing and able to provide it but can’t because of this law.
It does matter that there are families that should be able to choose who will raise their kids in case it ever becomes necessary but can’t because of this law.
This is a hurtful law and I believe it will be overturned. "
StillRight wrote on Jan 3, 2009 9:17 PM:
It reads as follows:
"Section 1: Adoption and foster care of minors.
(a) A minor may not be adopted or placed in a foster home if the individual seeking to adopt or to serve as a foster parent is cohabiting with a sexual partner outside of a marriage which is valid under the constitution and laws of this state.
(b) The prohibition of this section applies equally to cohabiting opposite-sex and same-sex individuals."
It ONLY restricts those that are co-habitating from adoption. Any single person, heterosexual or homosexual, can adopt! "
nwa wrote on Jan 4, 2009 12:31 AM:
hannah wrote on Jan 4, 2009 8:39 AM:
Jones wrote on Jan 4, 2009 11:01 AM:
hannah wrote on Jan 4, 2009 11:28 AM:
nwa wrote on Jan 4, 2009 11:31 AM:
sodapop wrote on Jan 4, 2009 1:18 PM:
If this happens in Arkansas it will be up to the hate mongers to prove why cohabiting heterosexuals are forbidden to adopt or care for foster children. "
StillRight wrote on Jan 4, 2009 1:41 PM:
spencer wrote on Jan 4, 2009 1:56 PM:
It explains the legal grounds on which this lawsuit was filed.
You can also read the profiles of the 20 plaintiffs and their personal reasons for filing the lawsuit here:
http://www.aclu.org/lgbt/parenting/38201res20081230.html "
sodapop wrote on Jan 4, 2009 7:28 PM:
VHugo wrote on Jan 5, 2009 5:16 AM:
sodapop wrote on Jan 5, 2009 7:40 AM:
ozarks wrote on Jan 5, 2009 8:30 AM:
whoknows wrote on Jan 5, 2009 8:49 AM:
sodapop wrote on Jan 5, 2009 9:09 AM:
whoknows wrote on Jan 5, 2009 9:35 AM:
hannah wrote on Jan 5, 2009 9:44 AM:
hannah wrote on Jan 5, 2009 10:00 AM:
I would also encourage people to check out the Arkansas DHS website on adoption at http://www.state.ar.us/dhs/adoption/adoption.html
Read the background information on some of the children waiting for families. "
jewels74 wrote on Jan 5, 2009 11:04 AM:
whoknows wrote on Jan 5, 2009 11:28 AM:
ozarks wrote on Jan 5, 2009 11:58 AM:
ozarks wrote on Jan 5, 2009 12:03 PM:
91151 wrote on Jan 5, 2009 12:17 PM:
hannah wrote on Jan 5, 2009 12:32 PM:
91151 wrote on Jan 5, 2009 1:10 PM:
hannah wrote on Jan 5, 2009 1:50 PM:
Act 1 created a new law (someone put the actual text of it in a post above).
Those who are suing believe that by passing this new law, it infringes on fundamental rights that ARE ALREADY guaranteed by the constitution (equal treatment and due process - as listed in the newspaper article above).
They are asking the court to determine if what they believe is true or. If the court agrees with them, the law is overturned. If the court disagrees, the law stands.
Here's the history of Act 1:
Arkansas used to ban gay people from being foster parents. The Supreme Court said they could not do this.
A year or so ago, The Arkansas Family Council then tried to push a bill that would have banned same-sex adoption or foster care through the Arkansas legislature. Governor Mike Beebe had suggested that there were constitutional problems with the bill and it never came to pass.
When the legislation failed, the Family Council drafted an initiative that was initially rejected by the Attorney General McDaniel "because it included references to marriage as the ideal child-rearing environment and to cohabiting households as more prone to instability, poverty and other societal ills." When these references were removed the ballot was approved and certified. "
hannah wrote on Jan 5, 2009 1:54 PM:
The ballot was voted on and the law passed.
This is where we are today. The 20 plaintiffs are asking a court to determine if the law is constituational.
The Arkansas Family Council is not a gay organization (about as far from it as possible).
They are the ones that pushed this and put it on the ballot for a vote. "
listenandhear wrote on Jan 5, 2009 2:30 PM:
sodapop wrote on Jan 5, 2009 3:05 PM:
I fail to see how you compare the relationship of two consenting adults to that of a human and an animal. I will never understand this argument against same-sex marriage. What is going on in your mind that makes you jump to this conclusion?---On the rest of this I will defer to hannah who is much more persuasive than me. "
ozarks wrote on Jan 5, 2009 6:40 PM:
ozarks wrote on Jan 5, 2009 6:45 PM:
sodapop wrote on Jan 5, 2009 9:12 PM:
spencer wrote on Jan 5, 2009 9:38 PM:
Why would we have initiated this? The Arkansas Supreme Court had just ruled that DHS could not exclude gay people from the foster program.
Cox and The Family Council then tried to get a law through congress to keep gay people from the foster program AND to keep them from adopting. That didn't work.
So after a couple of attempts (wording problems and not enough valid signatures at first) they got this initiative before the voters and passed by 57% - 43%.
And you are all correct, it isn't specifically prohibiting gay people, it prohibits "any individuals cohabiting outside of a valid marriage to adopt or provide foster care to minors." It just so happens that it is illegal for gay people to marry. (Yes, I know, we can marry, just not the person we love and intend to spend our life with.)
Now, it's up to Circuit Judge Timothy Fox to decide. I hope he sees through Jerry Cox's "backdoor" way of getting HIS agenda passed.
And thankfully, Judge Fox is the same judge that first decided it was unconstitutional to keep gays out of the foster program in the first place. A decision later affirmed by the Arkansas Supreme Court. "
spencer wrote on Jan 5, 2009 9:48 PM:
That's a new one for me... "
nwa wrote on Jan 6, 2009 1:34 AM:
UAfootball wrote on Jan 6, 2009 9:26 AM:
Simply, do what the Hollywood stars are doing and adopt from overseas and leave the poor kids in Arkansas in the hands of the State. Makes a whole lot of sense, doesn't it? "
aran wrote on Jan 7, 2009 11:05 AM:


swampman wrote on Dec 30, 2008 7:08 PM: